Da'Morus A. Cohen is an attorney in Holland & Knight's Miami office. Mr. Cohen is a member of the firm's Litigation and Dispute Resolution practice group and Consumer Protection Defense and Compliance Team.
Mr. Cohen focuses his practice on a wide array of consumer protection and compliance matters, including governmental investigative and enforcement proceedings, regulatory compliance, and advertising and promotional marketing compliance, including social media and digital media. Mr. Cohen regularly provides advertising counsel and regulatory advice to leading Fortune 500 and Fortune 100 companies in many different product and service categories, including telecommunications, healthcare, retailing, publishing, entertainment, social media, digital media, gaming, food and beverage, and financial services.
Governmental Investigative and Enforcement Proceedings
Mr. Cohen has defended multiple clients subject to investigative and enforcement proceedings brought by the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), state attorneys general and other consumer protection-oriented agencies such as the National Advertising Division of the Better Business Bureau. Mr. Cohen has experience with multiple federal and state consumer protection statutes, including the Federal Trade Commission Act, Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR) and countless regulations implemented by various regulators, including the FTC and CFPB. In addition, Mr. Cohen routinely advises clients in various industries, including healthcare, automotive, social media, digital media and financial services, on developing robust compliance management systems, and conducts compliance audits and reviews for entities within the jurisdiction of the FTC, CFPB and other state regulatory bodies.
Advertising, Marketing, Social Media and Digital Media
Given Mr. Cohen's vast experience in the social media and digital media ecosystem, much of his practice involves advising clients on how to minimize the legal risks associated with social media marketing, mobile marketing, e-retail, online communities, social influencers, native advertising, email and telemarketing, and promotional devices (including sweepstakes, contests and giveaways). Mr. Cohen assists businesses with advertising and marketing review prior to dissemination to the public, including the development and implementation of social media, advertising, marketing and promotional policies and procedures. Mr. Cohen also advises businesses in connection with the creation and implementation of loyalty and rewards programs, commercial co-venture relationships and other similar promotional marketing and charitable marketing campaigns. Mr. Cohen also handles all transactional matters relating to the dissemination of advertising campaigns, including sponsorship agreements, product branding agreements, licensing agreements, agency-client agreements, talent, influencer and endorser agreements, and a variety of similar advertising and marketing agreements. Throughout his career, Mr. Cohen has represented businesses in a variety of industries, including food and beverage, healthcare, hospitality, automotive, retail, fashion and jewelry.
Fantasy Sports, Esports, Gaming and Lottery Law
Mr. Cohen has vast experience in the fantasy sports, esports and charitable and casual gaming industries. Mr. Cohen routinely advises fantasy sports and esports providers on federal and state gaming law issues related to full-season, short-duration and daily fantasy sports contests. Mr. Cohen also advises financial institutions, private equity firms and individual investors on legal risks associated with investing in existing fantasy sports and esports businesses. Mr. Cohen routinely drafts contest and gaming rules, including terms of service and related documents. Mr. Cohen also advises businesses in connection with advertising, marketing and promotional communications relating to fantasy sports, esports and gaming operations, including website and application review. Mr. Cohen also represents and provides regulatory and compliance advice to large advertising agencies and other large vendors and suppliers of services to fantasy sports, esports, gaming and similar operators. Finally, Mr. Cohen also advises businesses in connection with the sale of state lottery products, including related regulatory concerns such as registration.
Mr. Cohen also has experience handling consumer litigation matters relating to violations of consumer protection laws (both state and federal), consumer class action complaints and anti-competition and competitor complaints. Mr. Cohen also has experience handling general commercial litigation matters with a focus on the areas of general corporate, business and real estate litigation. His representative matters include corporate and partnership disputes, shareholder and member disputes, banking and finance litigation, prejudgment and post-judgment remedies, commercial mortgage foreclosures, and commercial landlord and tenant disputes.
Mr. Cohen actively participates in the pro bono representation of nonprofit companies and other charitable institutions in connection with advertising and marketing compliance, advertising sponsorships, commercial co-ventures and general consumer protection compliance.
While at the University of Florida Levin College of Law, Mr. Cohen was a member of the Entertainment Law Review. He also was an active member of the Black Law Students Association, W. George Allen Chapter, serving as a contracts and constitutional law tutor and a first-year law student mentor.
- University of Florida Levin College of Law, J.D.
- University of South Florida, B.A.
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida
- On the Rise, Daily Business Review's Florida Legal Awards, 2022
- Holland & Knight Emerging Leaders, Class of 2019
- Pro Bono All Star, Holland & Knight, 2017, 2020, 2021